Interim Planning (Amendment) Act 1991 (ACT)

The Interim Planning (Amendment) Act 1991 was enacted by the Legislative Assembly of the Australian Capital Territory to amend the Interim Planning Act 1990. The Act introduces changes to the planning process, including the ability for the Executive to revoke its approval of a Plan at any time before it is laid before the Legislative Assembly, and the requirement for the Executive to publish a notice in the Gazette if it revokes its approval of a Plan. This case involved a challenge to the constitutionality of the Interim Planning (Amendment) Act 1991, with the parties arguing that the Act was invalid as it purported to limit the powers of the Legislative Assembly. The court was required to determine whether the Act was consistent with the Constitution and whether it was within the legislative powers of the Australian Capital Territory.

The court found that the Act was consistent with the Constitution and was within the legislative powers of the Australian Capital Territory. The court held that the Act did not limit the powers of the Legislative Assembly, as the Assembly still had the power to make laws for the peace, order and good government of the Australian Capital Territory. The court also found that the Act was within the legislative powers of the Australian Capital Territory, as it related to the planning and development of land in the Territory. The court rejected the argument that the Act was invalid as it purported to limit the powers of the Legislative Assembly, finding that the Act did not have that effect.

The court held that the Interim Planning (Amendment) Act 1991 was valid and within the legislative powers of the Australian Capital Territory. The court found that the Act did not limit the powers of the Legislative Assembly and was consistent with the Constitution. The court also held that the Act was a valid exercise of the legislative powers of the Australian Capital Territory, as it related to the planning and development of land in the Territory. The challenge to the validity of the Act was dismissed.